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AMERICAN SURETY CO. v. WHEELING STRUCTURAL STEEL CO.

No. 4645.

114 F.2d 237 (1940)

AMERICAN SURETY CO. v. WHEELING STRUCTURAL STEEL CO.

Circuit Court of Appeals, Fourth Circuit.

September 6, 1940.

Attorney(s) appearing for the Case

Joseph R. Curl, of Wheeling, W. Va. (John C. Palmer, Jr., and Erskine, Palmer & Curl, all of Wheeling, W. Va., on the brief), for appellant and cross-appellee.

Albert W. Laas, of Wheeling, W. Va. (Wright Hugus and Schmidt, Hugus & Laas, all of Wheeling, W. Va., on the brief), for appellee and cross-appellant.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in a suit instituted by the American Surety Company, hereafter referred to as the surety company, surety on a bond executed by the Detroit Steel Erection Company, hereafter referred to as the construction company, to the Wheeling Structural Steel Company, hereafter referred to as the steel company. The two companies last named, with Pike & Cook, Inc. and certain creditors of the construction company were made defendants...

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